Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Pxljobs Web Site(“Site”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with Pxljobs, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of February 1, 2005.
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Pxljobs) form a binding agreement (the "Agreement") between you and Pxljobs. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
The following definitions apply to this Agreement:
"Pxljobs Web Site", or the "Site" includes http://www.Pxljobs.com/ in its entirety and its related sites owned or operated by Pxljobs, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site like graphical work samples, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site.
"Document" refers to any posting to the Site, whether job or cv.
"Services" means any services provided on the Site by Pxljobs or its agents.
"User" refers to any individual or entity who uses any aspect of the Site.
"Job Seeker" means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
"Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
"You" means the person who (or the entity on behalf of whom you are acting) is agreeing to these Terms and Conditions.
4.1 General Use Rules: The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of Pxljobs's intended and acceptable use of the Site. Pxljobs is the sole interpreter of the Site's intended and acceptable use.
4.2 License to Use by Users who are Job Seekers: Pxljobs hereby grants you a limited, terminable, non-exclusive right to access and to use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and to download a single copy of the material on the Site solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. Pxljobs reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.3 License to Use by Users who are employers: Pxljobs hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Pxljobs reserves the right to suspend or terminate your access and use at any time if Pxljobs determines that you are in breach of any of these Terms and Conditions.
4.4 Other Specific Rules: You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
The Site and all right, title and interest in and to the Site is the sole property of Pxljobs or its licensors, and is protected international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Pxljobs reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "Pxljobs," the Pxljobs design logo and certain other names or logos are service marks or trademarks of Pxljobs, and all related product and service names, design marks and slogans are the service marks or trademarks of Pxljobs. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Pxljobs's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
6.1 Allocation of Responsibility: Pxljobs assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Pxljobs acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, Pxljobs may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Pxljobs has no liability or responsibility to Users for performance or non-performance of such activities. Pxljobs may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by pxljobs: Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 No Guaranty of Results: Pxljobs is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. Pxljobs does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
6.4 Warranty Disclaimers
(a) The site is provided on an 'as is' basis without any warranties of any kind, express or implied. Pxljobs, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties' rights, and fitness for particular purpose. Pxljobs makes no warranties about the accuracy, reliability, completeness, or timeliness of the site.
(b) Without limitation on the foregoing:
(i) Pxljobs does not warrant that the site will operate error-free or that the site and its servers are free of computer viruses or other harmful mechanisms. If your use of the site results directly or indirectly in the need for servicing or replacing equipment or data, Pxljobs is not responsible for those costs.
(ii) Pxljobs makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Pxljobs makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
6.5 Damage Limitations
(a) You assume all responsibility and risk for your use of the site, the internet generally, and the documents you post or access and for your conduct on and off the site.
(b) In no event shall Pxljobs (or any of its officers, directors, shareholders, employees, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with the use or access to, or the inability to use or access, the site and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not Pxljobs is advised of the possibility of such damages.
If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by Pxljobs, Pxljobs shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
Pxljobs contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Pxljobs of the contents on such third-party web sites. Pxljobs is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Pxljobs may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by Pxljobs unless Pxljobs agrees to them in a signed writing specifically including those new or different terms. Pxljobs may change the Site at any time.
You agree to defend, indemnify, and hold harmless Pxljobs (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. Pxljobs shall use reasonable efforts to provide you with a prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for Pxljobs, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Pxljobs reasonably determines is an appropriate address for you.
Pxljobs contact information is listed on the Site. Pxljobs.com is owned and managed by Thoughtgrid Interactive Solutions LLP. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. These Terms and Conditions shall be governed by the laws of India, without giving effect to its conflict of law provisions. You agree that the appropriate court(s) in Bangalore, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms and Conditions and You hereby consent to personal jurisdiction in such forum. The sole relationship between You and Pxljobs is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Pxljobs in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and Pxljobs.